Md. Eklakh Mian @ Lakha Mian And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10558 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================
1. Md. Eklakh Mian @ Lakha Mian son of Shahjahan Mian,
2. Mukhtar Mian, son of Late Latif Mian
3. Wakil Mian, son of Late Dallu Mian
4. Firoz Mian, Son of Shamshuddin Mian
5. Sarfaraz Mian @ Samfaraj Mian, Son of Israr Mian (wrongly mentioned as Shamshuddin Mian in F.I.R.)
6. Samshuddin Mian, son of Late Aziz Mian All are resident of village- Ahinoura, P.S.- Mohania, District- Kaimur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-03-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 504, 337 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that in the background of dispute with regard to connection of electric wire the petitioners assaulted the informant and others. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.10558 of 2016 (2) dt.08-03-2016 2/2 petitioners that for a petty dispute the occurrence took place. Though except two other injuries have been found to be simple in nature. Subsequently the informant has retracted from the initial version and filed a petition to that effect from the learned court below.
The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Mohania P.S. Case No. 40 of 2016 pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabua. It is expected from the learned court below to dispose of the bail application of the petitioners preferably on same day.
With the aforesaid observation, this application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T